>> a little tidbit. the speaker of the house doesn't actually have to be a member of congress, if we got all the lawmakers to vote for jon scott to be speaker of the house, the rules are not specific, jon. >> i wonder if that would be worth moving to washington for? i'm told that speaker boehner has the toughest job in d.c. right now. i'm not sure i want that. >> we'll see who is officially named speaker of the house in probably about an hour. thank you for joining us, everybody. >> "america live" starts right

now. >> megyn: fox news alert and wool get back to congress and the vote for speaker of the house as soon as there is news to get you back to. first though, we have breaking news. in a smalltown fight over gun ownership that's getting national attention. after a newspaper decides to publicly identify thousands of local gun owners including their home addresses, welcome to "america live" everyone. i'm megyn kelly. a news conference just wrapped up a short while ago in putnam county, new york, where one county clerk has decided to take a stand in this growing controversy. after the newtown school shooting in connecticut, a local new york newspaper "the journal news" decided to publish online maps detailing the names and addresses of pistol and revolver permit holders in westchester and rockland county outside of new york city. when the paper requested the names in putnam county, a little further north. county clerk dennis sans said no.

saying a short while ago the paper's request may be legal, but it is not right. >> the paper starts out each of the articles mentioning sandy hook and newtown, connecticut and somehow that justified putting good citizens in our counties in dang danger. law, right or wrong, i'm telling you, i am a man who follows the rule of law, but i'm a man who has a conscience and a heart and i do what is right for the citizens of putnam county. >> megyn: and that man is our guest coming up in moments, but first, we want to get to david lee miller, live in caramel, new york, where sant, his boss and other officials just spoke to the media, david l lee? >> reporter: over my shoulder the news conference just broken up and no understatement to say that dennis sant is something of a

hero. after he was speaking, while he was speaking people were applauding letting them know they approved of the action he's takingen. he refused the request of the newspaper owned bygannet, and to comply, putnam county did know. he told that he could simply not live with himself if something terrible happened to one of the pistol holders whose names he would release to the newspaper. he said that people have pistol permits for a number of reasons including may be an order of protection, may be afraid of the fact that they are being stalked, some of the pistol permit holders are police officers on active duty, they are retired. the bottom line here, when asked about how he feels about breaking the law, he said that he is not going to release the informati information. >> and going to disobey the law?

i'm going to take care of the people of putnam county, that's what i'm going to do and if it makes me-- (applause) >> i'm going to do that, too. >> reporter: now, the publisher and the president of the newspaper the journal news, issued a statement and she said i'm going to read it, we believe the law is clear that this is public information and residents of putnam counties are entitled to it. we're troubled that county officials here with apparently switched their position since we first requested this information. the county executive here also spoke just a short time ago, and she made it abundantly clear that the county has no intention whatsoever of releasing the names and the addresses of residents of putnam county who have pistol permits. the county executive here saying it could be a long and difficult battle, but the county is not going to give up. listen again. >> all of us here today are shoulder to shoulder on this issue of privacy and protection.

and i want every citizen in putnam county to know, i will not retreat from protecting you, nor will i surrender. there will be no retreat and there will be no surrender. >> reporter: and people in this community, megyn, they are in fact so outraged that the journal news, for its own protection, has now had to hire armed guards. this is a controversy that is not going to end anytime soon, megyn. >> megyn: and a legal battle that's now unfolding and who knows how high this could go, when privacy rights clash with the public's alleged right to know. david lee miller, thank you so much. it's a fascinating issue and one we're going to make some news on today. in just a few minutes we'll speak one-on-one with the man you just heard, putnam county clerk dennis sant who is now a national figure and i will ask him more about his decision to take a stand here and how far he's willing to take it. and plus we'll take a look at putnam county's legal fight.

is the county actually breaking the law by refusing to release these public records, they are public records to a ganet owned newspaper? and judge andrew napolitano will join us and these laws pro viding information with were before the internet, and the journal news to make it so easy for anybody to find out who has got the guns and where, we will take a look at it in both ways coming up right here. and another fox news alert as the house votes for a new speaker of the house, a vote that some say may not be a guarantee for speaker john boehner, the man recently found himself a target of lawmakers' rage over the fight over the fiscal cliff and relief for victims of hurricane sandy. they didn't get the vote on the bill. there's a growing since

mr. boehner could face an uphill battle, really? even if he wins back the gavel he'll have challenges ahead. joining us the power play fox news live and he's not challenged by anybody except for nancy pelosi, she's not going to get it and he's going to get it, isn't he? i know if he gets 17 nos and they have to keep voting and voting, they'll put him in line. >> one or two. they may punish him, the conservative members we're seeing the votes come in for people who aren't john boehner, these are protest votes, not to make nancy pelosi the speaker of the house again, this is to punish john boehner for what they think was him trading away, and selling out the very principles that put them into office. so he's going to get it. everybody believes that he's going to get it, but they may make him wait until a second ballot and try to embarrass him. >> megyn: all right. and then it will all be forgotten tomorrow. word to washington, it's like a little thumb of the nose.

okay, but what if a second -- what does a second, what term will it be for john boehner as speaker. >> number two. >> megyn: this will be number two. what does a second term looks like for john boehner, is he weakened given how he's ticked people off what happened with the fiscal cliff, the bill going to the floor and wanted him to stand on the principles, these conservatives. he didn't really do it. what does it look like for him. the most important thing boehner did, tell him upfront he was going to sell it out. if you want it in the crudest possible terms. he told the conservatives, look, we can't deal with having an across the board tax increase, it's bad policy, politically untenable and told them i'm going to let this out and it's going through on democratic votes and told them in advance he didn't expect to vote for him. they're angry at him not necessarily about the bill, but how he did t you remember when the republicans came in, the whole thing was transparency and read the bill, it's posted online for

three days and not going to have ear marks, not going to have favorites. if you look at what's in the bill as we talk about it yesterday. what's in the the actual fiscal cliff legislation, tens of billions of dollars, 75 billion dollar worth of tax goodies, what they call, what they were extending, but basically these were favors that were done from particular industries. >> megyn: hollywood. >> like hollywood and nascar and algae growers and all kinds of folks got goodies in there and this is how republicans said they weren't going to operate. they're mad at boehner for that, but he told them it's a one-time thing, the fiscal cliff, he felt he needed to do it to get out of the jam so everybody's taxes wouldn't go up. but he promises second term boehner is back to good practices, the new years bl blowout is over, back on the treadmill, back on the diet, back to work. >> megyn: he says there aren't going to be any more one-on-one deals, one-on-one negotiating with president

obama. what does that mean? i mean, you know, when the republicans have to-- and the house have to negotiate with president obama, don't they have to send speaker boehner over to do one-on-one negotiating? >> so in the old model in the house, boehner changed things a lot. he's a different speaker than we've ever really seen before. in the old days the way it would happen we remembered this with nancy pelosi, remembered it back with tom delay, the majority leader for the republicans, which is whip the votes, grinds down your own members and get them into line and force them into something, build something. boehner has taken a la say fair approach, i'm not going to speak to you, i'm going to speak for you. when they get into the debt ceiling and the resolution, funding, the government runs out and shutdown things like that,'s not going to try to sell them on a deal from the president, he's going to tell the president what the the members want. >> megyn: before i let you go, does that mean we will be looking at a more ideological, conservative house if, you

know, because they are still running the joint, if speaker boehner is going to sort of being their mouth-piece feeling with president obama, are we going to be more ey ideologically divided. >> i say to the boys in the graphics temperature get the government shutdown clocks, make sure they're limber, i think we're going to need them. >> megyn: thanks, chris, good to see you. back to chris and washington when-- we'll see. the bottom line, if you get 17 no votes and he doesn't win speaker, and then they just vote again and who else is it going to be? so, anyway, we'll take you there when history is made and if you care to watch every single person call out the name, there's always c-span. in the meantime, there's new controversy following former vice-president al gore's decision to sell his cable news corporation, current tv, ever heard of it? no, most people haven't.

anyway they're in 40 million household, nobody was watching it, 42,000 out of the 40 million literally were watching it, but he sold it and there's a question whether he tried to duck part of his tax bill in the deal and what on earth he was thinking in selling it to somebody he wanted ideological purity in the sale and he sells it to al-jazeera? we'll investigate. plus, the cameras were rolling when some people were taking advantage of winter weather in california and found themselves on thin ice literally. one person ended up in the lake and then the situation was dramatically worse when a rescue went wrong. and we'll speak live right after this break with the putnam county clerk we introduced you to, he took a stand refusing to hand over to the journal news, the names of law abiding gun permit owners. the newspaper wants to try to let the entire world know who has a license to hold a gun, a perfectly legal thing to do, they feel it's necessary in the wake of the newtown

tragedy. the putnam county clark says, no. the clerk says no. >> we're not talking about the rules of law anymore, we're talking about endangering our citizens. these laws were written almost 30 years ago, 30 years ago we didn't have computers. we didn't have facebook. we didn't have social media and we certainly didn't have google maps.

>> i am not refusing because i want to be some sort of an upstart. i'm refusing because i could not live with myself if one of my pistol permit holders in the county had to face a dangerous situation. >> megyn: that was putnam county, new york clerk, county clerk dennis sant, explaining in a news conference why he will not hand over the names of gun permit owners in his county to the journal news

newspaper. that paper created a national controversy when it decided to publish online maps detailing the names and addresses of thousands of gun permit holders, lawful gun permit holders in two counties. mr. sant argued, while the paper had the legal right to get the records, perhaps, he thought the decision to publish them was wrong and you heard him there explaining in part why. dennis sant joins me now. thank you very much for being here, we appreciate it. you've become a national figure in just about a week and a lot of our viewers are going to be very interested to hear from you. do you believe, do you actually believe that they have the legal right to this information, the journal news? >> well, actually the way the law is written, yes, they have the legal right for this information. >> megyn: and so what-- once you determine that, how did you get from that point to the point you are today which is nonetheless, you're not releasing them?

>> well, actually the outcry from westchester and rockland county was a big persuader how i handled the request for information. could you ask me that again? >> just what-- >> i'm not clear on this. >> megyn: more on why you're not going to give it over if you think it's legal. >> if you look at the red flags on google map, you can go on google earth and go on their driveway and front porch and actually read the license plate on their car, it's a terrible invasion on privacy and it puts our people in the harm's way. we have women that have orders of protection against abusers, whether it be their spouse or significant other, or even stalking. and i wasn't going to allow the people in putnam county to have to endure that type of scrutiny.

>> megyn: and yet, let me play devil's advocate here, the other side will say, but there's the rule of law and no one is above it and if you don't like the law you've got to take it up with the legislators and you know, dennis sant doesn't get to overrule the law as it now stands. >> well, you know, that's a good question, and there is a rule of law, there's also right and wrong. and we have had senator greg ball and steve katz who are working on legislation as we speak right now to present. >> megyn: what do you make of -- we had senator ball on the the program yesterday and he's outraged by this and doesn't understand this journal news. he claims it's a very far left newspaper, he says left of the new york times and says there's clearly an agenda here and they're not necessarily trying to help people, they're trying to shame people. what kind of feedback have you gotten from the folks in putnam county? >> oh, it's been wonderful, megyn. we've gotten over 327 phone

calls, not one in support of the newspaper printing this information. but i can tell you that the people that call me are very emotional, very thankful that we made this stand. it's good for the people of putnam county. >> megyn: we talked yesterday when i had senator bahl on the program about the danger not just to the gun owners and this information published, but to those who don't have guns who now have been publicly outed as not having that kind of weapon in their home. i mean, you speak of domestic violence victims, what are the ones who don't have the guns and now their abusers are well aware of that information in westchester county, at least. >> megyn, i'm glad you brought that up. that was certainly a major part of me taking this particular stand. the non-gun holders now, you can look in google map and look down the street, it's a roadway to those who have weapons and those who do not. so, now, they've given that type of road map to criminals.

we have retired police officers, narcotics officers from westchester and rockland county who are just devastated that their homes and families are now in jeopardy and fear for their lives. >> megyn: apparently, there was a similar issue, a disclosure in tennessee and mit and carnegie mellen concluded that burglars started shifting to the homes of non-gun owners after the publication of the gun owners' names and there's danger inherent in doing this kind of thing. i want to ask you this, for folks who have followed the law, registered, or gotten their license to carry a gun, to have a gun. did they have to give their home addresses? was there any way for them to have protected themselves from this result? >> well, actually, they go through a very extensive background check, even before they're recommended to be

judged to approve this pistol permit. >> there was no way around it they had to give their home address. >> yeah, they had to give their home addresses, they just didn't expect it to end up on a social media. they didn't expect any of this to happen in their lives. >> megyn: before i let you go. >> it's a real tragedy. >> megyn: before i let you go. >> yes, ma'am. >> megyn: what if anything would make you turn over the list? >> you're going to have to bring me into court, sue me and we'll just go the whole nine yards on this situation. i'm not backing down. >> megyn: dennis, thanks for being here. >> megyn, thank you very much for your time. >> megyn: we'll see you soon. well, his boss is behind him. he's got the state senator behind him and we'll see how far it goes. follow me on twitter let me know your thoughts on dennis sant and the stand he's taking in putnam, new york. @megyn kelly.

and judge andrew napolitano joins us with thoughts on that.

at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello? ally bank. your money needs an ally.

>> fox news alert. and reminder now that we're tracking the vote for speaker of the house at this moment. we're told that if speaker boehner loses support from 17 republicans, in other words, they have to vote for somebody else, he will not get a majority and then this'll need to do it a second time. so far, he has lost 9, but he's still expected to take this thing sooner or later. a little bit of drama. and we kind of know the end result. we're going to update you as the story develops right here. well, people who came to the united states illegally could enjoy an easier path to citizenship in this new year. that's thanks to a new rule announced yesterday from a key immigration agency. it's designed to shorten the length of time families are separated while the illegal

immigrants works his or her way through the system in america. critics are calling it a power grab by president obama. chief washington correspondent james rosen live in our capital. james. >> reporter: megyn, good afternoon. the people chiefly affected by the new rule change are by and large mexicanses who came here and embark on a path to citizenship typically because they married an american citizen and committed no crimes. and emphasized that the overall population of illegal aliens who could qualify for citizenship is not at all expanded by this rule rather than characterize it simly as speeding up the process and keeping fathers and mothers of their children sole breadwinners for those dependent on them. the class of people of 25,000 a year who no longer will have to leave the country for both of the two stages of the process only for the second part and file for a waiver of inadmissibility to the u.s.

until it takes effect in march they had to return to their home country to do that. and they will have to go back to their home country, juarez, for an interview. and the time process here will decrease from six months to a year to several weeks. it was only several weeks ago shortly after election day that president obama vowed to pursue broader immigration reform after his second inaugural and spoke about specific steps like this one. >> i do think there should be a pathway for legal status for those who are living in this country and are not engaged in criminal activity, are here simply to work. it's important for them to pay back taxes and it's important for them to learn english. it's important for them to potentially pay a fine, but to give them the avenue whereby they can resolve their legal status here in this country, i think, is very important. >> reporter: follow me on

twitter@jamesrosen and i'll link you to one of the website who says the president is by executive order. >> megyn: too late, i already do. >> reporter: thank you, megyn. >> megyn: americans are headed to the theaters to see two different films based on the lives of two different presidents. the leadership lessons in the movies about lincoln and fdr. and what the current crop of folks in washington could learn from these stories. and new controversy about former vice-president al gore and the sale of his failing news operation, current tv, to al-jazeera tv. that's next, wait until you get a load of this story. plus the cameras were rolling when folks taking advantage of the winter weather found themselves on thin ice. while one person found himself on the ice, the situation was worse when others tried to stage a rescue.

clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. maybe you want to incorporate a business. orrotect your family with a will or living trust. and you'd like the help of an attorney. at legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. get started at legalzoom.com today. and now you're protected.

i'm here to unleash my inner cowboy... instead i got heartburn. [ horse neighs ] hold up partner. prilosec isn't for fast relief. try alka-seltzer. kills heartburn fast. yeehaw! [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company.

like all standardized medicare supplement plans, it helps pick up some of what medicare doesn't pay. and could save you thousands in out-of-pocket costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral to see a specialist. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving

the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. >> a former vice-president of the united states is sparking some serious controversy today after deciding to sell his allegedly, well, failing, i guess cable news network to a mid eastern organization that has expressed some very anti-american sentiments in recent years. al gore officially sold his operation current tv to al-jazeera for about a half a billion dollars. and while the sale alone is

sparking heated discussions some say the timing of the deal is controversial as well. stu varney, the host of varney and company and fbn and lisa has experience in the middle east. well, well, well. so, current tv, which nobody's ever heard of, most viewers never heard of, it's in 40 million households, only 42,000 people are watching on a given night. that's not good. fyi being in the cable world, i can tell you. and so he sold it, which is a business decision, not a bad idea. now, they say glenn beck tried to buy it. but stuart, he didn't want to sell it to glenn beck because he felt that that would not be ideologically pure. >> right. >> megyn: they wanted the purchaser to be in line with their own, current tv's, ideology, so they went with al-jazeera. >> right. current tv rebuffed glenn beck and said we are sensitive to

networks not aligned with our point of view. glenn apparently is not of the same point of view as current tv. >> megyn: that's true. but al-jazeera. >> right. al-jazeera raised our eyebrows, al, mr. gore, tries to sell this thing before december 31st because he's going to make a profit of on his stake. >> megyn: how much. >> don't know, but he's going to take 100 million out of the 500 million dollar sale price because he owns 20%. >> megyn: that's his share, 100 million dollars. >> not all of that is profit, but he will have made a profit. if he could have completed the sale before december 31st he'd pay a lower tax rate on that profit than he has by selling it in 2013. so, here you have a leftist scrambling to avoid the very tax which the left wants to impose on rich people. >> megyn: which ironically, were the clinton tax rates and who was vice-president when clinton was president, al gore. there it's coming together. >> you've got it. >> megyn: okay. but there is some controversy in al-jazeera being the heir apparent to this, you know,

now al-jazeera, going to be maybe, al-jazeera america, and in 40 million homes potentially. time warner, says, not on our cable. what's the reality of that. >> the platform hasn't been shy about talking about 9/11 controversies and talking about the taliban from their point of view and criticizing american efforts in iraq and afghanistan and not -- the only thing they were lacking was a legitimized american platform and here they have it, in 40 million homes. the problem is going to be, if they're recognized as a terrorist network by many americans, so they're going to have some trouble gaining that. >> megyn: but is that al-jazeera arabic because that's the one that was running the bin laden videos remember after 9/11, but then they had a separate al-jazeera less strident.

the one broadcasting the arabic language is much more harsh than the english. they're going to try to play nice to get these cable providers to carry them. because that's going to be the biggest challenge. right now they're not carried by more than a handful of these cable provide. >> megyn: what could al gore be thinking if he wanted to sell to someone with his ideas. and this is a former vice-president, even if you didn't agree with them ideologically, but in line with his thinking, and al-jazeera, a former nightline reporter went to work for them and he quit and said they're anti-america, new york times called out al-jazeera. >> and the israeli few of 9/11. >> megyn: he says that the jews were given a heads up before 9/11 and they left the world trade center, that's what they reported. >> and you have al gore preferring to give this

network al-jazeera before glenn beck-- >> wait a minute, he's not given it to al-jazeera, they have the money. this is all about money, al gore has made a great deal of money, senior advisor to google, on the board, and venture capital company and quote our colleague bernie goldberg, because he is selling this network to al-jazeera and as bernie says, al gore hates oil, but he loves oil money. that's why he's selling to al-jazeera, they've got the money. >> he had a chose, he chose petrol dollars rather than beck dollars. >> megyn: glenn beck was not allowed to send in a bid. and that's what they-- >> they shaped this network and they want today maintain the ideology. >> megyn: speaking of ideology, current tv is very

far to the left, very he far to the left, to the left of left. >> megyn: yeah, it's to the left of anything you've heard of, okay? but it failed. it failed. now, it's failed and liberal talk radio has failed. there doesn't seem to be a big market for this kind of messaging. >> but what they're hoping is that the americans are now turned on to international news, we're past our election and that this is a market that they could hopefully fill. they were looking for the viewers, looking for an american network and that's what they're going to-- is. >> megyn: the articles talk about not a lot of national news and newscasts, you know why that is? the people drive the newscasts and they don't want to hear about a ton of international news, they want to hear what's happening in america with some flavor and what's happening in the world. an international news based organization, is that going to fly here? >> i don't think so. the bbc provides cable service, bbc world service, you can get it on various american cable companies--

the kiss of death. and turn it on when you go. >> megyn: i like their programming, i love sherlock. >> what about the hosts on current tv, jay behar, jennifer granholm, keith olbermann that's not a lineup of talent that's going to organize serious interest. >> megyn: are those people are olbermann is gone, but the other people are going to be fire. >> i think they've swept it clean and all english language news program, good luck. >> megyn: we'll see whether the american cable companies decide-- >> to run it. >> megyn: or whether they follow-- time warnerer says we dropped current tv immediately after the sale, removing that service as quickly as possible and we shall see where and how this goes. thank you both very much. >> surely. >> megyn: it's been more than two months since president obama promised to cut the red tape and make sure the victims of superstorm sandy got help as quickly as possible.

why are some blaming the republicans in the house, waiting weeks for a check from fema? we'll have a fair and balanced debate. many americans are headed to the theaters this week to see two different films based on the lives of two presidents. the leadership lessons on the stories of lincoln and fdr and whether our current leaders could take a lesson from them. a new controversy in the classroom after a school introduces yoga as part of its curriculum. and why one parent says doing the downward dog in the schoolhouse violates the constitution.

>> fox news alert. as expected john boehner has been reelected as speaker of the house. he will be speaker of the house for the 113th congress, not unexpected and we are trying to get the total votes in terms of the defections, 223 votes and nancy pelosi

192. and now, we expect speaker boehner to give short remarks and then, let's see what will happen after that. and then dean of the house longest serving in history john dingell will administer the oath and the speaker boehner and members of congress, especially the newly-- the brand new members of congress and we're told that the last time around speaker boehner when glad-handing with the young children was quacking like a duck. and if we have video of that we'll take you there live. more on this. >> it makes me nervous. >> without some help from us, it might not be-- >> i didn't know they voted for that have.

>> there's a war, america could be persuaded to help. >> this settles the fate of all coming not only of the billions now, but the unborn millions to k come. shall we stop this bleeding? >> great. i've only seen "lincoln" boy, it was great. those are scenes from two films currently in the theaters, each based on the lives of very well-known u.s. presidents. abraham lincoln and franklin d roosevelt. movies that could show leadership to our current crop. and doug has at least advised two presidents. thanks for being here. >> thanks for having me, megyn. >> megyn: there's an interesting piece posted on the national review online today, yesterday, that talks about those two films and how, what incredible leaders both

of those presidents were, very different in their style and their politics, but incredible leaders and how they got us through two of the darkest periods of american history and the author posits that we have no such leader in the the white house now and haven't in recent history and we're unlikely to in any decade coming. do you agree with that? >> you know, he makes it very good point. it's an argument, it's a seductive argument. we had a period of pick me, pierce, fillmore, buchanan kicking the can down the road and wouldn't deal with slavery and today, we've had a series of presidents one after the other who ignores-- we talk about the fiscal cliff, they ignore the bankruptcy of social security and medicare and they just hope they aren't caught when the whole thing collapses and they will not resolve it. winston churchill said, to be great you have to assume responsibility. and we have presidents today

that are not like lincoln or fdr, assuming responsibility, thinking strategically. they're blaming the congress or the senate or the house, or the previous president. so, there's a very good argument that americans are yearning for greatness and hollywood is expressing that yearning with these films. >> megyn: is it possible to have a leader like abraham lincoln again in the white house? >> oh, yes, and-- >> listening to some of the clips from the movie. but, doug, what do you think? is it possible that we could get a man like abraham lincoln or a woman in the white house leading us again? >> yes, i think it is possible. it's going to be hard. i have worked in the white house, as you know, there is no such thing, really, as long range planning. it's short range planning. it's like the planning you do at fox news. they decide the night before what they're going to go with

in the morning. it reacts to demographics, to numbers, to polls. you had with abraham lincoln, the slavery issue was upon them, the union issue was upon them. a war was upon them. he had to make strategic decisions about the future of the country and the constitution and fdr was allowed to because of the great depression, he had a power that some presidents don't have. but, it's reflecting a little bit of the weakness we have, not only of the people who become president, the process that produces the president. >> well, that's the thing. are we weeding out the most desirable leaders by the process that we put them through now? you know, you think about what sane person, with all due respect for our leaders and those who run for the white house, what truly sane person would want the job and put their family through what barack obama and mitt romney went through, the press on their every move and every bad thing they've ever done, even

when they're teenagers, winds up on the front page of the washington post, at least in mitt romney's case. and has the process gotten so ugly, that we're losing our best and brightest? >> that may be part of it. but part of it, too, is like everything else, the process has become so formulaized. i once sat down with the president running for office and said, hey, go with the cure for cancer, like kennedy went with landing man on the moon. make it, that's an issue that affects republicans and democrats, it's a great issue, to be great we have to do great things. and there will be a cure for cancer in your lifetime. you could be the president that knocks the heads that brought the agencies together and he said, no, no, won't work. won't work with the electorate. because there are little formulas do that work and there are little issues because people think in little terms, so there is a yearning

right now for greatness, if you see it. >> megyn: yeah, to help us not think like that. i want to ask you one other question, doug. to what extent do we ideallize these leaders because they were the right men for the right time? i mean, lincoln was president during the most tumultuous time in this country's history and fdr during the great depression, i mean, do those great crises produce great leaders? would we need one of those to produce a great leader now? >> well, that may be part of it. and also, the greatness of these former leaders reveals a lot about us. we want them to be heroes, so, we make them heroes, we force it the opening of the spielberg movie has these soldiers and african-american and white soldiers, an anomaly, sitting with lincoln quoting back to him the gettysburg address. i promise you, that never happened, even lincoln couldn't quote the gettysburg address. >> megyn: it's a good scene. doug, thank you so much for being here. >> thank you, megyn. >> megyn: see you soon. coming up we'll show you this scene on the ice that turned

into a near tragedy. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. progress-oh! [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your progress-oh! story on facebook.

>> a fox news alert. we told you that john boehner has been reelected as speaker of the house. elected as speaker of the 113th congress and nancy pelosi, who is the minority leader this have congress as she was the last, will introduce him. she's making brief remarks. there were 9 outright no votes for speaker boehner, would have taken 17 outright no votes in order to require a second vote so he's reelected speaker on the first vote, only 9 members voting no against him from his party. so we'll listen a little bit to nancy pelosi's introduction and then we will listen to john boehner. >> for the opportunities of tomorrow. and when we make it in

america, all of america's families can make it in america. [applaus [applause] >> the strength of our democracy also demands that we restore the confidence of the american people in our political process. we must empower the voters, we must remove obstacle of the participation in our democracy for all americans. [applause]. we must increase the level of stability and reduce the role of money in our elections. when we do, when we do, we'll elect more women, more minorities to public office. the american people are what makes our country great. by and large, the united states is a nation of immigrants, built, enriched, and strengthened by men, women

and children who share our patriotism and seek the american dream. the strength of our democracy will be advanced by bold action for comprehensive immigration reform. [applaus [applause]. today, we take an oath to protect and defend our constitution, our people, and our freedom, to protect and defend, that is our first responsibility. and our democracy requires that we each uphold the duty of keeping americans safe in their homes, in their schools, and in their neighborhoods. as we mourn the families of

newtown, we know ensuring the safety of all americans would be a truly meaningful tribute to the children and teachers of sandy hook elementary school. for the strength of our democracy, for the sake of our children, let us work together to protect and defend all of our people. [applaus [applause]. in the same year that president lincoln issued the emancipation proclamation, the statue of freedom was unveiled atop the capitol dome. that dome continues to be a beacon of freedom to the world and a source of inspiration for all who have had the honor to serve in conference. as we take our oath of office today let us renew the promise of freedom. let us work in friendship and

partnership to live up to the legacy of our founders and the aspirations of our constituents. let us renew the strength of our democracy by reigniting the american dream. as we celebrate this moment, let us honor and thank those americans who protect our democracy and secure our freedom. our veterans, and our men and women in uniform where their families and wherever they serve. [applaus [applause]. god bless them. god bless america, thank you all. [applaus [applause] >> now the house will be -- will continue to be led by a proud son of ohio, a man of conviction and a public servant of resolve. speaker boehner is a leader who has earned the confidence

of his conference and the respect of his colleagues on both side of the aisle. [applaus [applause] >> he is a man of faith, faith in god, faith in our country, and faith in his family. and while we congratulate him. we also congratulate and thank his wife debby and their two daughters, lindsey and trisha and the entire boehner family. [applaus [applause]. speaker boehner, i know all too well that we will not always agree, but i hope with all my heart that we will find common ground that there's a

higher, better place for our country. surely we can be touched by the better angels of our nation-- nature. surely we can be touched by the better angels of our nature. so beautifully expressed by president lincoln. this is the people's house. this is the people's gavel. it represents a sacred trust. may we all fulfill that trust and make real the ideals of democratic government. with respect for our constitution, with faith in the american people, with hope for the future of our country, i present the people's gavel to the speaker of the house, john boehner. may god bless you. [applause] (applause)

>> speaker boehner, may god bless this congress, may god always bless the united states of america. my colleague, the speaker of the house, john boehner. [applaus [applause] >> well, leader pelosi, thank you for your kind words. members of the house and the senate, my wife debby who is with us today, thankfully the girls are working. and all of you, and our fellow

countrymen. you know, we meet again at democracy's great port of call. every two years at this hour the constitution brings a new order to this house and it's an interlude for reflection, a glimpse of old truths, and to our new members and our families, let me just say, welcome. [applaus [applause]. i know you're feeling a bit awestruck at this moment. history runs through this building and now you're among a select few to share in this privilege. and for those of you who are returning, who have walked these aisles before, maybe it's time we get a little awestruck again. [applaus

[applause]. you know, the way our founders envisioned it it, the republic will be led by citizen hoz recognizanre recognizanre recognizanre rec-- citizens who recognize that we lead by governing ourselves and it requires that we give something of ourselves. everything dependent on this, so and their successor, swear an oath of allegianc allegiance. in a few moments i'll take this oath for the the 12th time as the representative from the east district of ohio. it is word for word the same oath that we all take. and note that it makes no mention of party or faction or title. contains no reference to agendas or to platforms, only to the constitution. the one addition we dare make as george washington did at

the very first inaugural is to invoke the assistance of our heavenly father. this covenant makes us servants of prosperity and a more perfect union, put simply, we're sent here not to be something, but to do something. [applaus [applause] >> or as i like to call it, doing the right thing. it's a big job and it comes with big challenges. our government has built up too much debt. our economy is not producing enough jobs. and these are not separate problems. at 16 trillion dollars and rising, our national debt is draining free enterprise and

weakening the state. the american dream is in peril so long as its namesake is weighed down by this anchor of debt. break its hold and we begin to set our economy free, jobs will come home and confidence will come back and we do this not just to boost gdp or reduce unemployment, but to secure for our children a future of freedom and opportunity, frankly, nothing is more important. as washington wrote in his farewell address-- (applaus (applause). as washington wrote in his farewell address, we should not throw upon prosperity, the burden we ourselves ought to bear, well, that burden is ours and so is the

opportunity. there's no substitute for the the wisdom of the people. we here are their servants. as speaker, i pledge to listen and to do all i can to help all of you carry out your oath of office that we're all about to take. because in our hearts, we know it's wrong to pass this debt on to our kids and our grandkids, now, we have to be willing, truly willing to make this problem right. public service was never meant to be the easy living. extraordinary challenges, demands extraordinary leadership. so, if you've come here to see your name up in the lights or to pass off political victory as some accomplishments you've come to the wrong place. the door is right behind you. if you come here humbled by the opportunity to serve, if

you've come here to be the determined voice of the pe people, if you've come here to carry the standard of leadership demanded not by our constituents, but by the times, then you've come to the right place. [applaus [applause]. there is a time for every purpose under heaven and for the 113 congress it is a time to rise. when the day is over and the verdict is read, maybe it said that we, well and peacefully, did our duty to ensure freed freedom, that freedom will endure and prevail, so help us god. [applause].

i am now ready to take the oath of office and i would ask the dean of the house of representatives, the honorable john dingell of michigan, to administer the oath of office. >> from ohio please raise his right hand. do you solemnly swear or affirm that you will support and defend the constitution of the united states against all enemies, foreign and domestic, that you will bear true faith and allegiance to the same, that you take this obligation freely without any mental reservation or purpose of evasion and that you will well and faithfully discharge the

duties of the office on which you are about to enter, so help you god? >> i do. >> congratulations, mr. speaker. [applaus [applause] >> and john boehner, the speaker of the house for the 113th congress offering some emotional remarks as he is sometimes prone to do, getting near tears. now the glad-handing will begin, getting tears when he talks about the -- the need to follow the fixed star of a more perfect union, and when he talked about at the end, if you come here humbled by the opportunity to serve and so on, then you have come to the right place. nancy pelosi in some lengthy remarks introducing speaker boehner and addressing her constituents that she was

criticized a couple of years ago when she lost the speaker role because her party was no longer in the majority for taking too long before she gave the gavel over to john boehner, there had been news reports saying she went on a little long and apparently some in the house believe that happened again. representative don young, a republican from arkansas apparently heard saying under his breath, lady, the time is up. republican melissa hart from pennsylvania slapped him on the shoulder and said, be quiet. this happens on both sides we're told by our capitol hill producer, the minority party when they get the microphone they like to go on long. and in any event, it's fun watching goes on at capitol hill and john boehner has been reelected to important post and we'll see what this means for him and the republican caucus and how they deal with president obama and what may be a very contentious second term for him. fox news alert now, on some

less happy news from washington. you just heard speaker boehner talking about our debt crisis and today, we're hearing about the the threat of a new credit downgrade for the country, a move that would cost every american. welcome back everybody, you will remember that the summer of 2011 when america's perfect credit rating was downgraded the first time in history over what standard and poor's called political brinkmanship, and fast forward to today. after months of legal wrangling, name calling, all-nighters on the hill and top credit rating agency, moody's warning that the debt deal is not good enough. chief white house correspondent ed henry joins us with more. >> reporter: megyn, good to sigh, you're right, speaker boehner had a few defections in his reelection, he still made it, obviously, but there's frustration on the right about the lack of spending cuts in that fiscal cliff deal that you just mentioned. and so, when he mentioned 16 trillion dollars in debt in his remarks, he's looking

ahead to this debt ceiling fight in the weeks ahead so he can try to repair some of the problems he's faced, like getting more spending cuts. you mentioned moody today. one of their top officials even said, quote, although moody's believes that the debt limit will be raised and treasury bonds low, it adds uncertainty to the outcome of negotiations. now, the white house has been pouncing on that word, uncertainty, to say the last time we had a debt ceiling battle, it added uncertainty to the markets and hurt the economy. the president has been making na point while senate leader mitch mcconnell says today, we have to have this debate today. take a listen. >> while i will negotiate over many things, i will not have another debate with this congress over whether or not they should pay the bills that they've already wracked up through the laws that they pass passed. >> it needs to happen before the 11th hour and for that to happen, the president needs to

show up this time. >> reporter: so, the president is saying he doesn't want to battle over this. the republicans making very clear they will make this a major battle and let me follow nancy pelosi's lead and make this a brief live shot. >> megyn: before you go, are you in favor of the crying or against it? >> look, ace an emotional guy and you know, let it all hang out, i guess. >> megyn: i love asking about the men and the crying and the women are oh, yeah, the men are uncomfortable, (laughter) . thanks, ed. >> thank you. >> megyn: judge is next, andrew nap pan no is here, and ask him about the crying, where do you stand on that. look it, don't mock. (laughter) we'll talk to him about his opinion on that, we're taking your thoughts on twitter@megyn kelly, really, we have the judge here talking about an important legal question now unfolding. you heard the clerk of putnam county,'s not handing over the records that show who has the right, a license to hold a gun if putnam county. does he have the right to do that? what are the legal options and how does this play out in your

town? that's next.

>> fox news alert. a new reaction to a story that's getting national attention as a new york county clerk stands up to a ganet owned newspaper to shame gun owners what they believe, by publishing the names of firearm permits. they say it has the moral high ground to do it. doing it in two counties and going after a third. the county clerk in the third county, putnam county, dennis sant, he is refusing to release the public records. he was here with me last hour and says he will not budge on this. what, if anything, would make you turn over the list? >> you're going to have to bring me into court, and sue me and we'll just go the whole nine yards on this situation.

i'm not backing down. >> megyn: uh-huh. well, this is setting up a legal showdown. so, how does that play out? judge andrew napolitano is a senior judicial analyst. how does that play out. he admitted the top of the interview they had the legal right to the information. >> unfortunately for those who want the privacy protected theres a' statute that does mandate the public revelation of those who have a license to keep and bear arms. that's one side of this is. the other side of this is public servant duty bound to obey the law, are duty bound to analyze the law and determine which will create more havoc, public safety and which will do more harm and good. blind obedience to the law or a serious challenge of it. this particular county clerk and i'm a partisan in this, my hat is off to him. i think the people that do have the gun licenses have the right to keep that to themselves for a variety of

reasons. the safety of their families. >> megyn: safety reasons. >> the safety of their neighbors, their personal privacy. he seems to me as a person who is seriously looking at the law and deciding whether this law he took an oath to uphold is as relevant today as it was when it was written and he recognizes and the question, the answer that he gave you to the clip you just ran, he recognizes he may not have the final say on that. he will establish this challenge and say i'm not going to blindly obey the law, i'm going to protect the privacy and safety of those who have these guns. if the courts decide i'm wrong, of course i'll go along with what the courts tell me. >> megyn: he didn't exactly say that. >> i think that's what he meant. >> megyn: i think he was implied it, but didn't actually say-- >> and litigation, the newspaper will challenge him he'll resist it, a trial judge will rule one way and intermediate appellate court and project go to the court of appeals the state of new york, the highest state court in new york and that court, which is

not exactly filled with pro gun individuals will rule on this. >> megyn: you don't have to be pro gun, you have to be pro privacy and pro safety. i can't get past the example of the woman who's been beaten by an ex-husband who'd like him to believe she may have a gun and now has had it broadcast that she doesn't. you know, i can't get past the victims of prior domestic or other violent acts now broadcast to the world that they don't have a gun. >> well, you pointed out a study that you read this morning. >> megyn: mit. >> correct. which shows that when the bad guys, when the crooks see this, they move away from the neighborhoods where people are -- can protect themselves and to the neighborhoods where people don't have guns. >> megyn: not all the criminals are stupid. >> so the public safety implications here are absolutely profound. >> megyn: do you see the position that dennis sant is in, he doesn't want blood on his hand, a situation where he gives over the name of somebody and then that person gets hurt, but it's a slippery

slope when we let, you know, county clerks interpret, you know, which law they're going to enforce and which law they're not going to enforce. >> that's why we have a judicial system because the law can't mean one thing in one county in new york and another thing in another county in new york. but the law was written with the idea that everything the government does should be exposed to public view. we don't believe in government secrecy here, we believe in government transparency, but some of the information we give the government should be held secret. our tax returns by law are held secret. certain communications have with certain people in the government by law are held secret. these should be in the same category. >> megyn: and i apologize, but can we hold the judge over? i've got several issues i need to discuss with him, i'm not done. stand by, if you wouldn't mind, sir. >> i'm not going anymore. >> megyn: this isn't just about speaker boehner and the tears, it's about important stuff. we'll be right back, don't go away. setting up the news starts with arthritis pain and a choice.

take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. hi victor! mom? i know you got to go in a minute but this is a real quick me, that's perfect for two! campbell's chunky beef with country vegetables, poured over rice! [ male announcer ] campbell's chunky soup. it fills you up right. hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

>> and judge andrew napolitano is back with me now. i raised this with the state senator greg bahl the other day, in court you testify to your right not to testify and the judge has to tell the jury you cannot hold that against him, you cannot make a negative inference. the right is meaningless if it doesn't get protected. if the newspaper's goal is to shame these people, the allegation from the critics, but the effects may be to shame, is there some obligation to protect the exercise of their second amendment right? >> there's a profound obligation for the state to protect the second amendment rights and supreme court ruled on two cases heller and mcdonald, the individual right doesn't belong to the government alone or the

militia or the military alone, it belongs to individuals and the government's job is to protect that right. so the county clerk whom you just interviewed is between a statute on its face says all of these records is open to the public and a principle of constitutional law that says directly as interpreted by the court, you must protect the right to keep and bear arms. you can't say-- >> this is going to chill the right. >> correct, you can't say if you have a gun we're going to tell everybody have it and press a finger on a computer screen. >> megyn: a map to your home. >> there will be a picture of your home. that's not protecting the right, that's inviting an invasion. >> megyn: here is one of the reasons i ask you that, there is an exception in the law that requires disclosure of the name if the people who are trying to get the names plan on selling them or releasing them for commercial or fund raising purposes, they don't want it it released to telemarketers. so they try to protect you from the telemarketers, but not going to protect you from journalists who may not have your best interests at heart? >> when the law was written we don't have computers the way

we have them today. you can't touch a screen and see a picture of the person's house, and tell you ahead of time we have to release the records. with the immediacy of the information coming out today, this would be a profound violation of the right to keep and bear arms if those who so, lawfully do so have to reveal their identity to the world. >> megyn: they had to gave their home addresses, couldn't give po boxes, had to give home addresses. >> a tremendous amount of personal information about themselves to the government. if all of that information comes out. that would have the fact of people illegally owning guns because they want to protect themselves and won't want to reveal all the the information to the government and to the public. >> megyn: any chance that clerk dennis can stall this he and his bosses, in the court system long enough, that if they are so inclined, state legislators here in new york might pass a law that ironically, ironically, looks more like the law in connecticut when newtown happened, that does protect disclosures of this type? >> yes, this litigation is not

going to be resolved overnight. the newspapers may want the names tomorrow, but if it files a lawsuit, year and a half to two years before there's a final decision on it. anything could happen legislatively in that time. >> megyn: well, in the state. >> arizona or new york. >> megyn: the crying, love it or hate it. >> i'm kind of emotional. not there yet, but i sort of like it. >> megyn: i like it, too. all right. judge, thanks for being here. >> a pleasure, megyn. >> megyn: well, just ahead, we will finally get a chance to bring you that amazing video, and we apologize we had the breaking news with speaker boehner, what happened when the icy rescue went very wrong. it's more than two months when president obama promised to cut the red tape for the victims of super storm sandy and get them help as quickly as possible. why is everyone now blaming the republicans for the fact that some of the victims have waited so long for power, heat or a check from fema? that's right after this break.

plus, listen to this one, judge. earnest hemmingway left behind great books and a six-toed cat that got the run of the key west estate and now there are dozens of cats, you know, his offspring, living in the hemmingway home and we will show you why these cats could soon literally be the subject of a supreme court case that is involving private investigators spying on them. ♪ ♪ what's new pussycat ♪ ♪ [ male announcer ] eligible for medicare?

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you.

call now to request your free decision guide.

>> we're following a developing story in the mideast where syria is spiraling out of control after two years of civil war. and concerns for neighboring israel. the israelis are out on the syrian border trying to build up a big border fence where we find leland vittert live in the golan heights. >> anything separating israel from syria, a couple of strands of barbed wire, from where we are, we could see and we could hear the civil war in syria rage on. hard core jihadist and al-qaeda sympathizer account for many of the syrian rebel fighters and takeover of army bases are netting them more and more sophisticated

weapons. from the once quiet israel-syrian border, israeli army officers now watch the civil war rage on below. the area near the border is a no-man's land explains a lt. colonel, all kinds of organizations can enter. this is the old rusted syrian border fence and they're working to try to reinforce this area. to get is sense what they're doing, the ground is muddy and this is the tank trap they put in, a concrete wall going deep down underground to reinforce and prevent any vehicles from crashing through it and they're of course worried about people and that's where this comes in, it's a lot bigger than the old fence, 25 feet tall. steel reenforcement and lattices welded onto the fence and soon put razor wire to prevent anybody from climbing over. crews are wokking day and night hoping to complete the

fence before the rebels can take over syria. and right now, the israelis feel though the rebels are too busy killing each other and killing other syrians to take a shot here at israel, but for israel right now, the devil they know in president assad, may he end up being better than the devil they don't. these rebels or the a failed state inside syria. >> megyn: what choices. leland vittert, thank you. >> my instruction to the federal agency has been i want you to get through red tape. i want you to cut through bureaucracy. there is no excuse from inaction. >> i instructed my team not to let red tape get in the way of actions. >> we're not going to tolerate red tape, not going to tolerate bureaucracy. i instituted a 15 minute rule essentially on my team, you return everybody's phone calls in 15 minutes. >> megyn: well, that was president obama in the aftermath of superstorm sandy promising expedited help for

victims. still there are many people living in homes without power and heat and folks who are still homeless now, anger about delays in the sandy relief package in congress is being directed at the house republicans. because, speaker john boehner, delayed a vote on a 60 billion dollar sandy relief bill earlier this week. and now, he's rescheduled that vote, part of it's going to happen friday and another piece of it will happen next week. and joining me now to discuss it, simon rosen berg, and a former campaign advisor for president bill clinton and mark, fellow at the enterprise institute, and columnest, and former speech writer for george w. bush. >> good to see you. >> megyn: governor christie, a republican, said there's only one group to blame for the continued suffering for the innocent victims, the house majority and their speaker, john boehner. he doesn't think it's

president obama, or fema's fault. he thinks it's john boehner for not pushing through onle fema-- the sandy relief bill when they had a vote on the fiscal cliff. does he have a point. >> it's a bad week to be a republican. this has been a debacle, this is a self-inflicted wound on the part of the house leadership. they were so busy capitulating on the fiscal cliff, they bother to explain to the american people why they weren't going to capitulate on this pork-laden bill. they have chris christie and peter king, and he's saying i instructed people to do this and that, and looks like he instructed democrats to load this thing one with pork, pork, pork, and half the money this bill is for long-term mitigation efforts that have nothing to do with sandy victims and not for relief of sandy victims. got money for fisheries in alaska and mississippi and money for the roof of the

smithsonian and so, this bill is a monstrosity, on top of that, the estimates of the costs of sandy between 30 and 50 billion dollars, this is minimum 10 billion and double the actual cost of the storm. so republicans should have had a better plan going forward in terms of explaining why they weren't doing this, had the scaled back bill ready to go so they couldn't be blamed, but boy, this is a mess of their own making. >> megyn: what do you make of it, simon. the republicans at least darrell issa came out and he said this isn't speaker boehner's fault, it's the folks who stuffed all that pork in the bill and pointed to the new york senators chuck shummer and christian gillibrand and if he stuck this stuff in there would have been an easy vote for him. >> i think that both chambers in both parties are going to have to get used to the other guys doing stuff they don't like and working it through. it's got to be built into the mechanism of how congress works. i mean, we've got to get

beyond the idea the house blames the senate, senate blames the house and for the next two years, the house and senate are going to pass things that are going to have to be reconciled. it's going to be very difficult for, i think it's unlikely that the senate would ever produce something that the house could vote on without changing. >> megyn: but, wait, that's-- i want to ask this. chris christie not even in congress, telling you as a republican, he says, i'm as a republican, i am blaming the republicans. i am blaming the house republicans, it's squarely on their shoulders. >>, but it is squarely on their shoulders and the reason why is that speaker boehner, a lot of the republicans like peter king and chris christie angry, he promised to bring it up. what they were angry about, he had promised to bring it up, to have it done before they left. he didn't keep his promise. it made a lot of republicans, including house republica unhap affected areas and the point is that the republicans don't like what's coming out of the senate and mark and i talked about this last week, megyn, when we were on the show, this is what's going to happen

again and again and again. if the house is going to bitch and moan that the senate passed something they didn't like, instead of taking it on and going to reconciliation and fighting it out, how congress works, they've got to stop complaining and rolling up their sleeves and get it done on time. >> megyn: is it that or is it that they saw some hypocrisy in senators like schumer who they say had loaded in some of the pork, then expressing outrage that they didn't give it the vote that he wanted? i don't know, mark, you it will me. there seem to be some republicans questioning why this is so focused on the house republicans as opposed to on president obama, on fema? where are they? they still have a bunch of money in the coffers and why isn't it getting spent? why is it all on john boehner? >> well, you're right. they were right to oppose the bill. it is potentially, at least 10 billion and potentially double the actual cost of the storm. there's no need to pass a 60 billion dollar emergency bill

this week. they could have passed a bill that was half that amount that would have provided aid to the victims and not been stuck with this, which is what they should have done. you're talking about chris christie before. now, chris christie ought to direct his fire at president obama if he thinks the bill is so wonderful. president obama used him as a prop before the election and once the election was over, so was the bro-mance. if president obama wanted to, he had a bill this week that the republicans had to pass, called the fiscal cliff. he included money in there for hundreds of millions of dollars, billions of dollars for hollywood, for goldman sachs, forum producers, for algae growers, and he didn't have any money in there for sandy victims. if obama and schumer thought this was such a priority, they should have included it in the fiscal cliff bill. they included everything else. so-- >> last word on that. >> talk to president obama. >> but, mark, they passed a separate bill on the 28th for the fiscal cliff bill, had been passed. they'd gotten that done and boehner promised everybody in town it would get done, it

didn't and now we're going to see the speaker doesn't like the senate bill,'s going to pass a different bill and they'll have to work in the next week to ten days to reconcile it and bring it together. you're right, the speaker blew this one. it's been a tough week for the republican party and let's hope that-- >> maybe that's why he's crying today. >> and week to ten days. >> megyn: maybe that's why he's crying. i don't think so, i think it was-- >> megyn,neither of us cried today on your show. >> megyn: are you in favor or against the crying? >> mark, what do you think? >> i'm in favor. i'm in favor. aim not going to crying, but-- >> i think it endears a lot of people to speaker boehner and makes me like him much more. >> megyn: there you go. leave it on a nice nonpartisan note. thank you, guys. well, wait until you get the next story, earnest hemmingway not only left us a legacy of literature, but a six-toed cat and dozens of her ancestors have the one ever the state. it's become the supreme court

case regarding private investigators spying on the cats. kelly's court is next. ♪ ♪ get my dinner from a garbage can ♪ ♪ meow ♪ when you have diabetes...

your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

>> kelly's court is back in session. on the docket today. cats that could be headed to the u.s. supreme court. earnest emmingway left behind a six-toed cat named snowball. well, had an extra toe. anyway, snowball left behind four dozen descendents, alive today. at least four dozen are alive today. and they appear to be very happy. despite that fact, the feds are intent on checking up on them and even sending investigators at one point and they want the cats locked up in cages overnight as opposed to having free range of the hemmingway estate. what's up with that? joining us now a former prosecutor and brian claypool,

attorney. and feds say under the u.s. department agriculture regulations the house of hemmingway has turned over into an animal exhibiter subject to federal regulations and the cats now happy as a cat could possibly be according to peta, peta went down there and investigated, must be locked up overnight instead of free range and all sorts of other things that the feds are in the cat's best interests. do i have it about right? >> yes, that's about right and my first reaction when i read the story was, really? didn't we almost just go off a financial cliff and we, the taxpayers are spending money so government agents can vacation down in the the keys, put up that motel and go to bars so they can take pictures of cats? really. >> megyn: and the answer to the question appears to be yes. >> they've got the wrong act, using the animal welfare act signed into law in 1966 to protect animals. these and millions are well

cared for. they look to protect those that travel in circuses and zoos where they're abused. these animals are loved and well cared for, they're not a living, breathing exhibit, like they're claiming. it is hemmingways legacy that's on display, not necessarily the cats. >> megyn: the regulations seem to be turning the intent of the law on its head, brian. because they're saying that now, if this law applies, these cats have to be kept in individual cages at night. right now they're sleeping on the sofa and peta came out and expected what we found was relaxed fat happy cats. why is there need for federal intervention here? >> megyn, we've gone from the fiscal cliff to the kitty cliff. the kitties are being kicked over the cliff here, but the fact of the matter is, there's a law that is in existence right now and the reason why they're regulating the hemmingway estate is because it's being used for commercial purposes. the cats are being used to lure people in to the estate

and in fact, megyn, i went on the website before we went on the air and there is a portal on the website that pfizer endorses to lure people in. so, when mark says the cats aren't used to lure people in for commercial purposes, he's wrong. and-- >> technical matter. >> but the whole point they're not just checking the welfare of the cats. they're checking the condition of the premises. for example, whether there's paint chipping. >> megyn: how could they be happier, when peta gives the stamp of approval as an animal owner. >> more than that. >> megyn: and mark, how do you get to the point where you have literally federal investigators sent down there in an undercover agent capacity. undercover agents, plural, were sent down there to observe the cats and surreptitiously observe their movements. and one cat on the pavement, pictures of six-toed cat, may

or may not be from hemmingway home. it's great work, we're paying for it. >> me, i can't explain it, it makes as much sense as home a homeless person on house arrest, i want to remind the viewers that these cats are getting weekly visits to the veterinarian and also, bob barker would be thrilled, most of them are spayed and/or neutered. thank you, snow, she wanted me he to remind you of the exact quotation given by peta to the agriculture department when they sent the investigators down there, and the exact quote was, what i found was a bunch of the fat, happy and relaxed cats. god save the cats. they gave them a clean bill of health. >> megyn: and when the cats die on the hemmingway estate they wind up in their own cemetery in the gardens, little frank sinatra and little gentleman gentlemjha jha

and we'll look the at the ruling. what? [ male announcer ] alka-seltzer plus severe cold and flu fights your worst flu symptoms, plus that cough. [ sighs ] thanks!... [ male annouer ] you're welcome. that's the cold truth!

>> dramatic new video out of california where folks were enjoying the winter weather when one person went through the ice and then the attempted rescue took a bad term. adam housley has more, adam. >> yeah, this would be required video for anybody going sledding before the winter season starts. what not to do. take a look at what seemed to be a serene beautiful winter scene, people out sledding on a hill side east of los angeles and mountain that separates the high desert and l.a. and jackson lake. 50 adults and kids sliding down on to the lake. what one of the people sees across the way and she's videotaping this and look what she sees on the ice, take a listen. >> look at that big crack, is that a big crack right there? >> a big crack right next to that sledder and the guy is

oblivious to it. what's the edge of the ice like? it's thin and brittle and another sledder goes over the edge and goes in. take a listen and watch what happens. >> that's seriously not even funny. >> no, it's not. >> oh! >> right there. >> oh. >> call 911!. >> reporter: this goes on for about eight minutes. the man in the water along with eight minutes and other people fell in, other parts of the ice collapsed and people were going in seemingly all over the place, at first laughing and holding inner tubes and no one threw the guy a lifeline as he was flailing away. eventually the people on the shore got that rope and threw it out there and pulled him in. watch this, this is the rescue. >> they're trying to throw ropes. >> get it, come on, go!

>> yes. >> and again, thankfully, no one was seriously injured. no one was killed. unbelievably, these are all adults and as you might imagine, lake jackson, jackson lake up in the hill, a remote small body of water is now officially closed until when, megyn? until march when the ice melts. >> megyn: unbelievable. that's straight out of "it's a wonderful life" right? little harry. don't sled onto the ice. >> and what's one of the first things you learn, you don't go to the edge. ice. told at that from the time you can walk and the guys are laughing and flailing around freezing in the the water. eight minutes before he gets out. >> megyn: hopefully serves as a good warning. adam, thanks, be right back. ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance

through the colonial penn program. you're right. it was affordable, and we guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase, and your coverage will never decrease -- that's guaranteed. so join the six million people